Case: Atkins v. Spotify USA Inc.

Atkins v. Spotify USA Inc. et al.

COMPLAINT against Erin Kelly, Spotify USA Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-32183999)Document filed by Michelle Atkins..(Ma, Tiffany) (Entered: 12/26/2025)

CIVIL COVER SHEET filed..(Ma, Tiffany) (Entered: 12/26/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Spotify USA Inc., re: 1 Complaint. Document filed by Michelle Atkins..(Ma, Tiffany) (Entered: 12/26/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Erin Kelly, re: 1 Complaint. Document filed by Michelle Atkins..(Ma, Tiffany) (Entered: 12/26/2025)

ELECTRONIC SUMMONS ISSUED as to Erin Kelly..(pc) (Entered: 12/29/2025)

ELECTRONIC SUMMONS ISSUED as to Spotify USA Inc...(pc) (Entered: 12/29/2025)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

Case Opening Initial Assignment Notice

Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

Case Designated ECF. (pc)

ORDER All parties are advised that the undersigned's friend and law school classmate is Associate General Counsel & Global Head of Label Licensing at Spotify, a defendant in this case. Because he is not involved in any way in litigation of this type and, based on a review of the Complaint, appears wholly unconnected to the events and allegations in this matter, the Court sees no basis for recusal at this time. If any party wishes to bring additional facts that may bear on recusal to the Court's attention, or believes there is a basis to move for recusal, they may do so by letter filed on the docket at any time. (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (Garnett, Margaret) (Entered: 12/30/2025)

Order

AFFIDAVIT OF SERVICE of Summons and Complaint. Spotify USA Inc. served on 1/13/2026, answer due 2/3/2026. Service was accepted by Anthony Burris, authorized agent. Document filed by Michelle Atkins..(Ma, Tiffany) (Entered: 01/21/2026)

NOTICE OF APPEARANCE by Melissa D Hill on behalf of Erin Kelly, Spotify USA Inc...(Hill, Melissa) (Entered: 01/29/2026)

NOTICE OF APPEARANCE by Hanna Elizabeth Martin on behalf of Erin Kelly, Spotify USA Inc...(Martin, Hanna) (Entered: 01/29/2026)

FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Erin Kelly, Spotify USA Inc...(Martin, Hanna) Modified on 1/30/2026 (lb). (Entered: 01/29/2026)

LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Margaret M. Garnett from Hanna E. Martin dated January 29, 2026. Document filed by Erin Kelly, Spotify USA Inc...(Martin, Hanna) (Entered: 01/29/2026)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Spotify AB, Corporate Parent Spotify Technology S.A. for Spotify USA Inc.. Document filed by Erin Kelly, Spotify USA Inc...(Martin, Hanna) (Entered: 01/30/2026)

ORDER granting 12 Letter Motion for Extension of Time to Answer re 1 Complaint. GRANTED. Defendant's deadline to respond to the Complaint is EXTENDED until March 10, 2026. SO ORDERED. Erin Kelly answer due 3/10/2026; Spotify USA Inc. answer due 3/10/2026. (Signed by Judge Margaret M. Garnett on 1/30/2026) (jjc) (Entered: 01/30/2026)

***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Hanna Elizabeth Martin to RE-FILE Document No. 11 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb)

Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement

MOTION to Dismiss - Motion to Partially Dismiss Plaintiff's Complaint. Document filed by Erin Kelly, Spotify USA Inc...(Hill, Melissa) (Entered: 03/10/2026)

MEMORANDUM OF LAW in Support re: 15 MOTION to Dismiss - Motion to Partially Dismiss Plaintiff's Complaint. . Document filed by Erin Kelly, Spotify USA Inc...(Hill, Melissa) (Entered: 03/10/2026)

LETTER MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss - Motion to Partially Dismiss Plaintiff's Complaint., 16 Memorandum of Law in Support of Motion addressed to Judge Margaret M. Garnett from Tiffany Ma dated March 21, 2026. Document filed by Michelle Atkins..(Ma, Tiffany) (Entered: 03/21/2026)

ORDER granting 17 Letter Motion for Extension of Time to File Response/Reply. GRANTED. Plaintiff's deadline to respond to Defendants' Motion to Dismiss is EXTENDED until April 7, 2026. Defendants' deadline to reply is EXTENDED until April 28, 2026. SO ORDERED. Responses due by 4/7/2026 Replies due by 4/28/2026. (Signed by Judge Margaret M. Garnett on 3/24/2026) (mml) (Entered: 03/24/2026)

MEMORANDUM OF LAW in Opposition re: 15 MOTION to Dismiss - Motion to Partially Dismiss Plaintiff's Complaint. . Document filed by Michelle Atkins..(Ma, Tiffany) (Entered: 04/07/2026)

REPLY MEMORANDUM OF LAW in Support re: 15 MOTION to Dismiss - Motion to Partially Dismiss Plaintiff's Complaint. . Document filed by Erin Kelly, Spotify USA Inc...(Hill, Melissa) (Entered: 04/28/2026)

MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 and the Mediation Program Procedures shall govern the mediation. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 5/19/2026. (Signed by Judge Margaret M. Garnett on 5/5/2026) (Attachments: # 1 Exhibit Exhibit A) (jjc) (Entered: 05/05/2026)

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/25/2026.(sge)

Notice of Mediator Assignment